State v. Depriest
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Vital W. Garesche, Judge. (1) The defendant was not proved by the State to be guilty of this specific charge made in the indictment against him, and he was entitled to an acquittal, and his demurrer to the- evidence should have been sustained. State v. Howell, 100 Mo. 639; State v. Woolard, 111 Mo. 256. (2). The presence of the defendant at the necessary-time and place must be shown as essential to the commission of a crime.
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Appeal from St. Louis City Circuit Court. — Hon. Vital W. Garesche, Judge. (1) The defendant was not proved by the State to be guilty of this specific charge made in the indictment against him, and he was entitled to an acquittal, and his demurrer to the- evidence should have been sustained. State v. Howell, 100 Mo. 639; State v. Woolard, 111 Mo. 256. (2). The presence of the defendant at the necessary-time and place must be shown as essential to the commission of a crime. If the defendant’s evidence is sufficient to raise a reasonable doubt, or if the State’s evidence is so defective as to…
1Opinion of the Court
On October 6, 1919, the grand jury of the City of St. Louis, Missouri, returned into the circuit court of said city, an indictment charging that the defendant, George DePriest, alias Brown, on the 23rd day of September, 1919, in the City of St. Louis aforesaid, did feloniously assault one John B. McIntyre and, by force and violence to his person, feloniously and violently did rob, steal, take and carry away from the said McIntyre, the sum of thirty dollars, lawful money of the United States, with intent feloniously to deprive the owner of the use thereof, and to convert the same to his own…
2Cases cited3 opinions
- State v. EmorySupreme Court of Missouri · 1883
- State v. GravesSupreme Court of Missouri · 1888
- State v. RilesSupreme Court of Missouri · 1918
3Cited by12 opinions
- State v. GregorySupreme Court of Missouri · 1936
- State v. McKeeverSupreme Court of Missouri · 1936
- State v. HayzlettSupreme Court of Missouri · 1954
- State v. MichaelSupreme Court of Missouri · 1962
- People v. ThomasMichigan Supreme Court · 1960
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